Monday, April 30, 2012

Amanuensis Monday - Indenture - Joshua Davis to Thomas Cook 1812

On
hisTransylvanianDutch blog, John Newmark
defines an amanuensis as “a person employed to write out what another dictates
or to copy what has been written by another.” For more information about this
daily blogging prompt, see John’s postAmanuensis – Why?.

I have amassed quite a
collection of scans of handwritten documents related to my ancestors—primarily
marriage records, deeds, and wills. As I have been transcribing these
documents, it occurred to me that most of these documents were not actually
written by my ancestors, but rather dictated to someone else, and then
transcribed by a clerk into official records.

This
week’s transcription is another deed to which my maternal 4th
great-grandfather Thomas Cook was a party. This purchase of 68 acres on Brushy
Mountain, in Wilkes County, North Carolina, took place about seven years before Thomas’s death in 1819. Notice that the document mentions the "Iredell line." Thomas Cook's property straddled the boundary between Iredell and Wilkes counties. In fact, when the boundary changed in 1815, his land was mentioned in the legislation making the change; you can read about the boundary changes here.

“Joshua Davis to Thomas Cook

This Indenture made this twenty second day
of September, In the year of our Lord one thousand Eight hundred & twelve
between Joshua Davis of the County of Wilkes & State of North Carolina of
the one part & Thos Cook of the County & State aford of the other part.
Witnesseth that for & in Consideration of the sum of Eighty Dollars to me
in hand paid by the sd. Thomas Cook the same whereof is fully
acknowledged, that the sd. Joshua Davis hath given granted Bargained
Sold & by these presents do give grant & sell unto the sd.
Thos Cook his heirs or assigns to a certain tract or parcel of Land Containing
Sixty Eight acres the same more or less lying in the County of Wilkes on the
brushy Mountain, It being part of a Tract of Eighty acres conveyed by James Fletcher
senr. to Elijah Vickas & from Elilijah [sic] Vickas to Joshua
Davis, Includnig the plantation whereon the sd. Davis now lives,
Beginning at a red oak in the Iredell line, Then north one hundred ps [poles?]
to a chestnut. Then West one hundred & Sixty Eight po. to a red oak, Then
South one hundred po to the Iredell line, Then East with sd. line to
the beginning and Divides by a conveyance of twelve acres conveyed by Elijah
Vickas to Jeremiah Gilreath with the appurtenances and all rights titles &
privileges & Improvements to the said [?] belonging to him that Joshua
Davis his heirs or assigns, forever and the sd. Joshua Davis himself
his heirs do hereby covenant & agree to & with the sdJoshua
D Thos Cook that sd Cook his heirs or assigns shall & may
forever here after peacibly & Quietly Enjoy occupy & possess the aforesd
Grant & [?] without molestation & the sd Joshua Davis
himself his heirs Executors, administr or assigns do by these presents warrant
& forever Defend the rights & title of the aforesd Granted
Land & premises to him the sd Thos. Cook his heirs or
assigns forever against the claim or right or title or Interest of any persons
or whatsoever In Witness whereof I Joshua Davis hath hereunto set my hand &
fixt my seal the day & date above written.

his

Joshua
X Davis {seal}

mark

Signed Sealed & Delivered In presence
of

Jeremiah Gilreath )

Richard Cook ) Wrote
on the Back

North
Carolina )

Wilks
County ) Novber Term. AD 1812

The within Deed was duly proven in open
Court by the oath of Richard Cook in order to be Registered.